These general conditions of sale (hereinafter," General Conditions ") have as their object the discipline the purchase of cosmetic products (hereinafter, the "Products") carried out remotely, via the internet, from the site https://www.thekoreancorner.com. (hereinafter, the "Site") in compliance with the Italian legislation referred to in Legislative Decree no. lgs 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").
The Products are made available and offered for sale by the company Enrica Moschettini, with registered office in Via della Sapienza, 29 - 80138 Naples - PI 09796091214.
The consumer who accesses the Site is required, before making purchases, to carefully read these Conditions Generali, which have been made available to you on the Site.
Contracts concluded through the Site are governed by these General Conditions in compliance with Italian law.
1.1. The expression "online sales contract" means the sales contract relating to the Supplier's Products, stipulated between them and the Buyer in the context of a remote sales system through telematic tools, organized by the Supplier.
1.2. The term "Buyer" means the consumer who is a natural person who purchases the Products.
1.3. The expression "Supplier" means the person indicated in the epigraph or the person providing the information services.
Object of the contract
Con la conclusione del contratto, rispettivamente, il Supplier sells and the Purchaser remotely purchases the Products indicated and offered for sale on the website www.thekoreancorner.com via telematic tools.
How to stipulate the contract
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded with the acceptance of the order by the Supplier. This acceptance is communicated to the Buyer by sending a printable order confirmation email containing the order number, the list of Products ordered as well as the details of the purchaser, the price of the Product purchased, the shipping costs, payment methods and terms, the address where the Product will be delivered, delivery times, information on the right of withdrawal and the cases in which the latter is excluded.
4.3. After checking the order confirmation email, if the Buyer identifies errors in the order, he must communicate these errors within twelve (12) hours after receiving the email. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the Buyer's rights referred to in point 14 below.
5.1. The information and descriptions relating to the Products are available on the Site and are provided prior to the conclusion of the purchase. The Supplier undertakes to guarantee the truthfulness and accuracy of the images and information of the products on sale, however changes regarding the packaging and / or ingredients by the producers may occur and not be immediately implemented on our site. The products may occasionally be shipped in different packaging by the manufacturer, nevertheless the originality and freshness of the product is guaranteed.
The Supplier advises to carefully read the labels and instructions on the original packaging, they are products for external use only to be kept out of reach of children and to be stored in a cool and dry place, away from direct sunlight. The Supplier also recommends testing new products on small, hidden areas to check for any reactions and discontinue use if signs of irritation appear.
The Supplier is not responsible in any way regarding sensitization or personal allergies to the ingredients of the product shown on the label of the original packaging, the information on the site is for information only and in no case does it constitute the formulation of a diagnosis or a specialist visit for which it is recommended to always ask the opinion of your doctor.
Methods of payment and refund
6.1. The Buyer must make the payment through their Paypal account or by credit card (Visa, Mastercard, Visa, Maestro, American Express and / or other similar cards) or by bank transfer.
6.2. Any reimbursement to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, within the terms provided for in the following art. 14.4 ..
6.3. The Supplier makes use of the highest safety measures commercially available in the sector. Furthermore, the payment process takes place on a secure server that uses the SSL (Secure Socket Layer) protocol. The secure server establishes a connection that allows the transmission of the information encrypted using 128-bit algorithms, which ensure that they are intelligible only for the computer of the Buyer and for that of the Site. In this way, using the SSL protocol it is guaranteed: < / div>
(i) that the Buyer is communicating his data to the central server of the Supplier and to no one else .
(ii) that the data is transmitted in encrypted form between the Buyer and the Supplier's central server, avoiding any possible reading or manipulation by third parties. Furthermore, the Supplier declares that he does not have access to and does not record sensitive data relating to the payment method used by the Buyer. Only the institution that processes the payment has access to this data, for the purpose of managing payments and collections.
6.4. If the purchase is made by a company, it is requested during the order process to enter billing data. In this case the invoice will be sent via email to the address indicated. The company is responsible for the correct entry of billing information.
Delivery times and methods
7.1. Shipping costs are clearly indicated during the purchase process.
7.2. The Supplier will deliver the Products purchased on the Site to the address indicated by the Purchaser during the purchase procedure by express courier (hereinafter "Courier"). the Supplier will not be responsible for unforeseeable delays or those not attributable to it.
7.3. In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within 5 (five) working days starting from the day following that on which the Supplier confirmed the order to the Buyer by means of a specific confirmation email. order.
7.4. At the time of delivery, the Buyer is required to check:
- that the packaging is intact, neither damaged, nor wet, or otherwise altered;
- that the number of packages corresponds to what is indicated in the transport document.
Any damage to the product or packaging or mismatch in the information must be immediately reported to the Courier by placing "written control reserve" on the Courier's proof of delivery. Once the courier's document has been signed, the Buyer will not be able to make any objection regarding the external characteristics of what has been delivered.
7.5. In the event of failure to collect the material present in storage at the Courier's warehouses due to repeated impossibility of delivery to the address indicated by the Buyer at the time of the order, the order will be canceled due to the fact and fault of the Buyer and the price in any case, withheld, with charge to the latter, of all further expenses incurred by the Supplier as sender..
8.1. All sales prices of the Products displayed and indicated on the Site are expressed in Euro.
8.2. The sale prices, referred to in the previous point, include VAT and any other tax unless otherwise indicated by the Supplier. Shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before placing the order by the Buyer.
9.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay.
9.2. The Supplier's computer system confirms as soon as possible the registration of the order by sending the Buyer a confirmation by e-mail, in accordance with point 4.1.
9.3 If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer of the temporary unavailability of the Products and what are the waiting times for them, asking if he intends to confirm the order or not..
Limitation of Liability
10.1. The Supplier assumes no responsibility for disservices attributable to force majeure, if he fails to execute the order within the time stipulated in the contract.
10.2. The Supplier cannot be held liable towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
10.3. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to the full refund of the price paid and any charges. supported accessories.
10.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards or the Paypal payment system, upon payment of the Products purchased, if he proves that he has adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
11.1. Pursuant to art. 116 of the Consumer Code, the Supplier is responsible for the damage caused by defects in the Product sold if he fails to communicate to the injured party, within 3 (three) months from the request, the identity and address of the manufacturer or of the person who provided the good.
11.2. The aforementioned request, by the injured party, must be made in writing and must indicate the Product that caused the damage and the date of purchase; it must also contain the offer for viewing of the Product, if it still exists.
11.3. The Supplier cannot be held responsible for the consequences deriving from a defective Product if the defect is due to the conformity of the Product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the Product into circulation, did not yet allow the Product to be considered defective.
11.4. No compensation will be due if the injured party has been aware of the Product defect and the resulting danger and yet has voluntarily exposed himself to it.
11.5. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
11.6. Damage to property referred to in art. 123 of the Consumer Code will be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
Guarantees and methods of assistance
12.1. Without prejudice to the normal process of deterioration of the Products and / or specific indications relating thereto, in the event of lack of conformity of the Products sold by the Supplier, the Purchaser must immediately contact the supplier by registered letter with return receipt. in the name of Enrica Moschettini, with registered office in Via della Sapienza, 29 - 80138 Naples
13.1. The Buyer undertakes to pay the price of the purchased Product within the times and methods indicated in the contract. 13.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
13.3. The Buyer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General and Payment Conditions.
Right of withdrawal
14.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, alternatively, (i) proceeding, upon delivery to the previously confirmed shipping address, to the direct and immediate return of the Product to the Courier - and this without any obligation to communicate this will to the Supplier with prior written communication (registered letter with return receipt) - or (ii) within the term of 14 (fourteen) working days, starting from the day of receipt of the Product purchased.
14.2. If the Purchaser decides to exercise the right of withdrawal under 14.1 (ii), he must notify the Supplier using the withdrawal form to be sent by registered letter with return receipt to Enrica Moschettini, with registered office in Via della Sapienza, 29 - 80138 Naples
14.3. In the latter case, once this communication has been received, the Supplier will communicate to the Purchaser the instructions on how to return the Products.
14.4 The right of withdrawal is governed by the following conditions.
a) In case of exercise of the right of withdrawal, the Supplier will refund the Buyer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the Supplier's right to suspend payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Buyer. In case of bank transfer, the latter will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
b) The shipping costs related to the return of the Products are charged to the Buyer.
c) The shipment, until the certificate of receipt in the Supplier's warehouse, is under the full responsibility of the Buyer.
d) The Provider is not liable in any way for damage or theft / loss of goods returned by uninsured shipments.
e) In case of damage to the Product during transport, the Supplier will notify the Buyer of the event (within 5 working days), to allow him to file a complaint against the Courier and obtain any refund. In this case, the Product will be made available to the Buyer for its return at the same time canceling the request for withdrawal.
f) The right of withdrawal lapses for the Products:
which cannot be returned for hygienic reasons or related to health protection and which are open after delivery (cosmetic products and creams) as required by art. 59 letter "e" of Legislative Decree 21 of 21/02/2014.
The Product is considered open if the external packaging and / or the wrapping containing it is open ;
whose damage is attributable to causes other than its transport.
In case of forfeiture of the right of withdrawal, the Supplier will return the purchased Product to the sender, charging the shipping costs to the same.
14.5. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Errors and Limitations of Liability
15.1. The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which the Supplier cannot therefore be held responsible, except in the case of willful misconduct or gross negligence.
15.2. the Supplier reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Buyer's rights under these General Conditions and the Consumer Code.
15.3. Except for willful misconduct or gross negligence, any right of the Purchaser to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, also partial, of an order.
15.4. Jil Supplier is not responsible in case of damages, of any kind, deriving from the use of the Products in an improper way and / or not in accordance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.
Causes for Resolution
The obligations referred to in point 13.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in art. 6.1, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.
Method of archiving the contract
Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital form on the server, according to criteria of confidentiality and security.
18. Communications and complaints
Written communications directed to the Supplier and any complaints will be considered valid only if sent by registered mail to the following address: Enrica Moschettini, with registered office in Via della Sapienza, 29 - 80138 Naples. The Purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Supplier's communications to be sent.
Applicable law and competent court
20.1. The sales contract between the Buyer and the Supplier is concluded in Italy and governed by Italian law.
20.2. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Buyer is a consumer pursuant to the Consumer Code, the court of his / her municipality of residence will be exclusively competent. of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Naples, any other competent court excluded.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these General Conditions.
The provider reserves the right to modify the Site, its content and these Conditions General Sales at any time to offer new products or services, or to comply with legal or regulatory provisions. The Purchaser will be subject to the terms of the General Conditions of Sale in force at the time the Product is ordered, unless any changes to these policies and terms are required by applicable law or by the competent authorities (in which case, they will also apply to orders placed previously). If any provision of these General Conditions is deemed invalid, null or for any reason unenforceable, this Condition will in any case not affect the validity and effectiveness of the other provisions.